Viatical Settlements Act
New Mexico · Insurance Code · §§ 59A-20A-1 to 59A-20A-9 · 11 sections
Overview
The Viatical Settlements Act governs the sale or transfer of a life insurance policy by its owner to a third party in exchange for compensation, and regulates the providers and brokers who fund and arrange those transactions. It establishes a licensing regime — covering application, bonding, broker training, and grounds for denial or revocation — requires settlement contracts and disclosure statements to be approved before use, and mandates disclosures to both the policy owner and the issuing insurer. It further imposes reporting, privacy, advertising, and fraud-prevention obligations, prohibits specified practices and conflicts of interest, and backs those requirements with examination and investigation authority, injunctive and civil remedies, cease-and-desist powers, criminal penalties, and treatment of violations as unfair trade practices.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- § 59A-20A-1 NMSA 1978Short title
- § 59A-20A-10 NMSA 1978Rules and standards
- § 59A-20A-11 NMSA 1978Relationship to other laws
- § 59A-20A-2 NMSA 1978Definitions
- § 59A-20A-3 NMSA 1978License requirements; fees
- § 59A-20A-4 NMSA 1978License denial, suspension, revocation or refusal to renew
- § 59A-20A-5 NMSA 1978Approval of viatical settlement contracts and disclosure statements; contract terms
- § 59A-20A-6 NMSA 1978Reporting requirements and confidentiality
- § 59A-20A-7 NMSA 1978Examination
- § 59A-20A-8 NMSA 1978Disclosure
- § 59A-20A-9 NMSA 1978General rules
Enacted in other states
Colorado, Delaware, Iowa, Illinois, North Carolina, West Virginia
All New Mexico named statutes →
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